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NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Tag Archives: joint legal custody

THE PARTY, NOT THEIR LAWYER, IS SUPPOSED TO CO-PARENT WITH THEIR SPOUSE OR FORMER SPOUSE

Posted in Custody, Practice Issues, Visitation/Parenting Time

As Supreme Court Justice Potter Stewart said when discussing his threshhold for determining obscenity/pornography, “I know it when I see it, ” that is how I feel about emails regarding routine or what should be routine parenting issues that have been drafted not by one party, but by their lawyer.  The pretextual  blathering or legalese that… Continue Reading

Deion Sanders Wins Custody Super Bowl

Posted in Custody

All over yesterday’s news, including the Dallas Morning New, were reports that Deion Sanders won his custody trial.  As reported, Deion received sole custody of his two sons with his wife, Pilar.  The parties also were awarded shared custody of their daughter.  In English, Deion will make all educational, health and extracurricular decisions for his… Continue Reading

HOW CAN THERE BE JOINT LEGAL CUSTODY IF THE PARTIES CANNOT COOPERATE AND REFUSE TO COMMUNICATE?

Posted in Custody

Early in case where children are involved, we discuss the different types of custody.  There is residential custody – i.e. who the children live with and the resulting parenting time for the other parent. Then there is legal custody which is decision making regarding issues of the health, education, religion and general welfare of the… Continue Reading

Appellate Division Reverses Award, Without a Plenary Hearing, of Joint Legal Custody, to Someone Guilty of Domestic Violence

Posted in Custody, Domestic Violence

On June 28, 2010, the Appellate Division released the unreported (non-precedential) opinion in the case of "O.R. v. H.S."  In this case, the Appellate Division reversed the trial court’s Order, rendered without a plenary hearing and where there were disputed facts, granting the defendant joint legal custody.  In this case, the parties were never married. While the… Continue Reading

APPELLATE DIVISION AFFIRMS WHAT IT DEEMED WAS TRIAL COURT MODIFICATION OF A PARTIES’ CUSTODY AGREEMENT AS TO DECISION MAKING

Posted in Custody, Modification

Last week we blogged about a recent unreported Appellate Division case where I was the attorney for the winning party at trial and on appeal.  To view the prior post, click here - to view the Appellate Division opinion, click here.  In last week’s post, I blogged about the importance of credibility.  There were other interesting parts… Continue Reading

WHO CHOOSES THE CHILDREN’S RELIGION? THE ANSWER IS EASIER THAN YOU THINK

Posted in Custody, Practice Issues

In this day and age, marriages involving people of different religious in no longer uncommon.  In some of these families, the parties choose one religion to raise the children in.  Sometimes even, one parent converts to the other’s religion.  In other cases, the parties and the children observe both religions. The question is what happens… Continue Reading

SOLE VS. JOINT LEGAL CUSTODY – IS IT WORTH FIGHTING ABOUT?

Posted in Custody

A lot of times clients come in saying that they want full or sole custody of the children.  This inevitably leads to a discussion regarding the distinctions between legal and residential custody. Legal custody is essentially involves decisions regarding children’s health, education, religion and general welfare.  With sole legal custody, one parent can make all… Continue Reading